BLM expects an appeal on Over the River decision [excerpt]

source: Copyright © 2006 Arkansas Valley Publishing

BLM expects an appeal on Over the River decision

by Jason Starr
Mail Staff Writer

Whichever way the Bureau of Land Management rules on the Over the River project, the issue will likely end up in appeals court, BLM Field Manager Roy Masinton told Chaffee County Commissioners Monday.

Masinton, delivering a report on BLM issues affecting Chaffee County during a work session in Salida, said both the artists and the opposition group are prepared to appeal if the BLM decision doesn't go their way.

"I anticipate, no matter what decision is made, we'll go to court on it," Masinton said.

Artists Christo and Jeane Claude are attempting to gain approval to stretch fabric over the Arkansas River in sections from Salida to Cañon City in a public art display. A group centered in Howard called Rags Over the Arkansas River is leading the opposition.

Although the project would only affect about 500 feet of property in Chaffee County, representatives from the county participate as a cooperating agency when the BLM holds meetings on the issue.

At the artists' request, the BLM changed course earlier this year and went from an environmental assessment of the project to a more comprehensive environmental impact statement. However, the environmental impact statement has not yet been initiated.

Masinton said the BLM is awaiting more detailed plans about the set-up, display and deconstruction of the project before proceeding. He also needs to hire a third-party contractor to conduct the EIS, which the artists will pay for.

"I've made no commitment to the artist or anybody as to whether we are going to allow this or not," Masinton said.